RAJESH AGRAWAL Vs. SANJAY AGRAWAL

JUDGEMENT

(1.) This revision preferred against the order dated 15/12/2016 passed by the Civil Judge, Class-II, Saja District Bemetara in Civil Suit No. 50-A/2009 whereby an application filed by the applicants under Order 7 Rule 11 of the CPC has been rejected.

(2.) Undisputed facts of the case are that, the plaintiff has instituted a suit for declaration of title, injunction, partition and separate possession by submitting inter alia that the will deed dated 10/07/1991 be declared as null and void and in pursuance to that, the order of mutation dated 07/05/2005 be also declared as invalid. It claimed further that the registered sale deed executed by defendants No. 1 and 2 in favour of the defendants No. 4 to 21 be declared as null and void. While instituting a suit as such, the plaintiff has paid the Court fee.

(3.) During the pendency of suit, the applicants have moved an application for rejection of the plaint under Order 7 Rule 11 of the CPC. The plaintiff has submitted his reply to the said application.